Ask Gulf News: Can a yacht owner refuse compensation by claiming force majeure?

Question: A man, while piloting his yacht, caused damage to my yacht due to his mistake. He refused to pay the compensation on the grounds that the accident resulted from a sudden and unexpected malfunction caused by force majeure. Does he have the right to do so?

 Answer: According to Article (237) of the Federal Decree by Law No. (43) Of 2023 Concerning the Maritime Law (1. If the collision results from the fault of any of the ships or floating facilities involved in the collision, it shall be solely obligated to compensate for the damage resulting from the collision).

 Moreover, Article (239) of the same law mentions that “If the collision occurred as a result of force majeure, or its cause is unknown, or there is doubt about its causes, every ship or floating facility involved in the collision shall bear the liability for the damage it sustains, even if the ships or floating facilities, or any of them, were anchored at the time of the collision”

The theory of force majeure in maritime collisions between ships is based on many conditions for example to be an exceptional, unforeseeable, and unusual event that cannot be predicted or prevented, and that all reasonable precautions were taken without committing any error that would make the collision inevitable.

 It’s up to the court to decide whether such sudden and unexpected malfunction can be treated as force majeure or not. You have to file the case against the owner of the yacht and refer the matter to the expert to check the reasons of the accident.